Stiles

FACTS

First Amended Complaint The first amended complaint alleges: Brandi Stiles and Abel Gorgita (collectively Stiles) purchased a 2011 Kia Optima in April 2013. Kia is the manufacturer and distributor of the car. Express warranties accompanied the sale by which Kia agreed to preserve the utility and performance of the car or provide compensation on failure of utility or performance. At the time Stiles purchased the car, some of Kia’s original warranties were still in effect, including the basic and drivetrain warranties. At the time of Stiles’ purchase, the car had serious defects and developed other serious defects covered by the warranties, including transmission, electrical, brakes, engine, suspension, and steering defects. Stiles brought the car to an authorized Kia repair facility, but Kia was unable to repair the defects after a reasonable number of attempts. Kia failed to replace the car or make restitution as required under the Song-Beverly Act. The complaint alleges causes of action under the Song- Beverly Act for breach of implied warranty; and violation of section 1793.2, failure to promptly make repairs. Demurrer Kia demurred to Stiles’s first amended complaint.…